HomeMy WebLinkAbout1995-058
1
RESOLUTION NO. 95-58
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
3 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF
NIELSEN, MERKSAMER, PARRINELLO, MUELLER & NAYLOR
4
5
6
7
8
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement for Legal Services between the CITY OF SAN BERNARDINO
9 and the law firm of NIELSEN, MERKSAMER, PARRINELLO, MUELLER "
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NAYLOR, a copy of which is attached hereto marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
RJM:ms[Stubble.Res]
1
. .
">/" ,'~~f;>'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR LEGAL
SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF
NIELSEN, MERKSAMER, PARRINELLO, MUELLER & NAYLOR
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a special
meeting thereof, held on the 15th
day of March , 1995, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE X
CURLIN X
HERNANDEZ X
OBERHELMAN X
DEVLIN x
POPE-LUDLAM x
---
MILLER X
C~~~
The foregoing resolution is hereby approved this .2/~
day
of
March
, 1995.
~ .)/J/ \
/ rJV\. )(/[ {Up l
Tom Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
RJM:ms[Stubble.Res]
2
95-58
~
.
,..
PROFESSIONAL SERVICES AGREEMENT
Stubblefield v. City of San Bernardino
1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the
law firm of NIELSEN, MERKSAMER, PARRINELLO, MUELLER & NAYLOR
(hereinafter "NMPM&N") are the parties to this Agreement.
2. NMPM&N will be representing the following entities in
this litigation:
CITY OF SAN BERNARDINO.
3. NMPM&N shall be paid at the hourly rates set forth
below:
Partners - $200.00 per hour;
Associates - $150.00 per hour; and
Paralegals - $ 60.00 per hour.
4. Bills shall be submitted at least quarterly,
5. The actual cost for filing fees, telephone charges,
photocopying, postage, lodging, mileage and related travel costs
shall be itemized when submitted to the CITY for reimbursement.
NMPM&N may include a single charge in an amount not to exceed four
percent (4%) of fees in lieu of reimbursement for photocopying,
telephone charges, and postage.
If attorney's fees are charged
"portal to portal" (e.g., from office to court and return), then
NMPM&N shall not be entitled to reimbursement for mileage and
parking fees.
6. No fee in excess of $10,000 shall be paid pursuant to
this agreement without City approval. Should such approval not be
given, City acknowledges that NMPM&N is entitled to withdraw its
services and in that event the City, through the Mayor, shall
immediately execute an appropriate document for filing with the
court relieving NMPM&N of its responsibilities as attorneys of
RJM:ms[Stubble.Agr]
1
.
16. 'St?
record.
7. NMPM&N shall obtain approval from the CITY to retain
expert consultants and other professionals (not including court
reporters) for purposes of defending the litigation. NMPM&N may,
if it chooses, pay the fees and charges of such consultants and
seek reimbursement from CITY on its periodic statement, or it may
forward the consultant's bill to CITY with a request that the CITY
pay it directly. Consultants shall not bill the CITY directly
without prior approval of the CITY'S Finance Department.
8. Status reports will be submitted to CITY through the
City Attorney's Office whenever any significant event occurs, and
in any event at least quarterly. Information sufficient to set
reserves, including, without limitation, potential liability
exposure and percentage of fault shall be included.
9. Copies of all opinions, pleadings, discovery and
motions shall be provided to the City Attorney's Office which may
reproduce same and provide copies to other parties or attorneys in
this, or other litigation.
10. Copies of any correspondence and other documents sent
to any of the defendants in this action shall also be provided to
the CITY through the City Attorney's Office.
11. No client development costs are to be included in
billings.
12. No continuing education expenses are to be included in
billings.
13. Final billing shall be accompanied by copies of the
Request for Dismissal, Satisfaction of Judgment, Release and any
other final documents.
RJM:ms[Stubble.Agr]
2
.
Or~~7
,'.< -
14. Either party may terminate this contract at will.
NMPM&N will continue to represent the CITY on the terms and
conditions in this Agreement until the case and file are
transferred to another attorney.
15. NMPM&N is an independent contractor as to the CITY.
16. NMPM&N shall maintain the following types of insurance
with limits as shown:
a) Workers Compensation as required by the laws
of the state of California.
b) Comprehensive General Liability Insurance
coverage. The policy shall have at least a combined
single limit of $1,000,000 for bodily injury and
property damage.
c) Professional Liability Insurance with limits
of at least $1,000,000 per claim.
NMPM&N shall furnish or cause to be furnished
certificates of insurance evidencing the insurance coverage above
required, which certificates shall provide that such insurance
shall not be terminated or expire without thirty (30) days written
notice to the City Attorney's Office, and shall maintain such
insurance from the time NMPM&N commences performance of services
hereunder until the completion of such services.
All policies required above are to be primary and non-
contributing with any insurance or self-insurance programs carried
or administered by the CITY or other parties represented under
this Agreement.
17. All communications and billings to the CITY are to be
/ / /
RJM:ms[Stubble.Agr]
3
~
95-58
directed as follows:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "D" Street, Room 668
San Bernardino, CA 92418
DATED: March ~~, 1995.
NIELSEN, MERKSAMER,
PARRINELLO, MUELLER &
NAYLOR
~~~
By
DATED: March dl-3 , 1995.
CITY OF SAN BERNARDINO
~..
/en'\-J1~
By: Tom Minor, Mayor
APPROVED AS TO FORM
AND LEGAL CONTENT
ATTEST:
JAMES F. PENMAN
City Attorney
~~l~
Clerk
By: L ~l t~~
U
RJM:ms[Stubble.Agr] 4